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NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND QUEERSTOCK INC, (hereafter "QUEERSTOCK"). BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
OWNERSHIP OF THIS WEB SITE
This Web site is owned and operated by QUEERSTOCK. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property.
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PERMITTED USAGE
Comp Use: QUEERSTOCK grants you a personal, nontransferable, nonexclusive right to copy the images you have selected onto your computer hard drive and to use the image and any derivative works or copies (collectively, the "Image") on one computer and with one user at a time only in the United States. The Image may only be copied, modified and incorporated in materials for comprehensive layouts ("Comps"). The Comps can only be used as in-house presentations, storyboards, or rough draft designs for yourself or your clients.
Additional Use: QUEERSTOCK grants you the non-exclusive right to use the Images according to the rights selected and indicated on the menu of the QUEERSTOCK on-line licensing process. QUEERSTOCK's Invoice will set forth the details of the order and conditions of use.
Royalty Free Use: Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;
Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi;
Broadcast and Theatrical exhibitions; Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s); and
Additional uses approved in writing by QUEERSTOCK
Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided QUEERSTOCK's copyright and any image identifying information is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this agreement.
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NUMBER OF USES/SEAT LICENSE
Licensee may use the Images on a server, image library or network configuration to be viewed by Licensee provided that no more than 8 employees of Licensee can access the Images. Before permitting access to more than 8 persons, Licensee must purchase a separate seat license from QUEERSTOCK for each additional individual user.
Group discounts are available. Contact order@queerstock.com, or call our office: 206-282-1281.
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RESTRICTIONS AS TO USE
Except as provided herein, Licensee may not sublicense, sell, assign, convey or transfer any of its rights under this Agreement.
Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.
Incorporate the Images into a logo, trademark or service mark.
Distribute, post or upload the Image(s) online in a downloadable format.
Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
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PRODUCT ENDORSEMENT OR SENSITIVE USE DISCLAIMER
If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.
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RELEASES
Model releases are available on Image(s) containing models upon request. Names are removed to protect the privacy of the model, Other than model releases for recognizable persons, QUEERSTOCK grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
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INDEMNITY
Licensee agrees to indemnify and hold QUEERSTOCK harmless against all claims arising out of or in connection with any breach of this Agreement.
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WARRANTIES
QUEERSTOCK warrants the Images to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Image(s).
QUEERSTOCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUEERSTOCK SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF QUEERSTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
Licensee may have additional rights under state law.
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DELIVERY OF DIGITAL IMAGES
DIGITAL FILES ARE PROVIDED "AS IS." QUEERSTOCK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM.
QUEERSTOCK MAKES NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OF THE CONTENT, OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
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LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL QUEERSTOCK OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND AGENT SHALL BE THE FEE PAID FOR THE IMAGE TO AGENT.
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PROTECTION OF IMAGES
Other than for Comp use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Unless otherwise specifically stated, Images remain the property of QUEERSTOCK or the particular illustrators. User does not acquire any right, title or interest in or to any Image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made there from other than as specified herein. Full credit and copyright information must remain with file.
All rights not specifically granted herein to User are reserved for QUEERSTOCK' use and disposition without any limitations whatsoever.
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UNAUTHORIZED USE
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we shall seek all damages and remedies available, including attorney's fees and all associated costs.
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RETENTION OF DIGITAL FILES
Digital files obtained for comp use may be retained for sixty days. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. QUEERSTOCK's copyright information and Image identification number must be retained with the digital files while you retain them.
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WORDNET
WordNet 1.7 Copyright © 2001 by Princeton University. All rights reserved.
THIS SOFTWARE AND DATABASE IS PROVIDED "AS IS" AND PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE, DATABASE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
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DISPUTES OR CLAIMS
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Seattle, WA, USA, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Washington. If User of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.
Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the Federal Court of the District of King County, Washington.
If QUEERSTOCK is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.
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PAYMENT TERMS
Time is of the essence in the performance by User of its obligations for payments.
All sales are final.
Payment of the invoice herein is to be net due upon receipt. No rights to use the Image(s) are granted until the invoice relating to the Image(s) is paid in full. A service charge of two percent (2%) per month, or such lesser amount allowed by law, will be charged thereafter on any unpaid balance. A rebilling fee of $5.00 USD will be charged for each additional reminder. Any claims for adjustment of terms must be made to QUEERSTOCK within five (5) days of the receipt of the invoice.
Any claims for adjustment or rejection of terms must be made to QUEERSTOCK within ten (10) days after receipt of invoice.
In the event that any Images are used by User in publications, User shall provide QUEERSTOCK with two (2) free copies of such publication immediately upon printing.
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TERMINATION
The license contained in this Agreement will terminate automatically without notice from QUEERSTOCK if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of QUEERSTOCK, return the Images to QUEERSTOCK, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).
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REVOCATION
Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image (s), _shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same.
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SEVERABILITY
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
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WAIVER
No action of QUEERSTOCK, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
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ENTIRE CONTRACT
This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.
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MISCELLANEOUS
This agreement is not assignable or transferable on the part of User.
This contract contains all the terms of the agreement between us (QUEERSTOCK and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice issued may contain additional terms relating to the rights granted and the type of usage allowed.
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